Power transferring requires clear mechanism

Addressing a crowed of people in a village near Jalalabad, president Mohammad Ashraf Ghani said, a number of people want him to give up his post in lieu of end of war. The pan Afghan people have the authority of his post and he can’t decide without their permission.
Absolutely president Ghani words hint to efforts aimed establishment of transitional administration. Touching Hamid Karzai, sometimes before CE had said that a number of politicians are making effort for transferring of power to a transitional government. These politicians who had met Taliban in the past, also said that Taliban representatives want a transitional government which beside them other groups would also take part in it so this government would pave the way for election and amendment of the constitution. The US special envoy for Afghan peace has also said that in the framework of talks with political parties, the Taliban may be ready to talks with the government representatives. Apparently Taliban want to talk with the government among the representatives of political parties. The group want the government to talk to them as a group not as a government. Whenever several group sit around a table and no group play the role of government and all negotiating groups consider themselves equal as similar groups, in that case it is clear that every roadmap which is discussed, transitional government would be part of it. The Afghan constitution doesn’t allow establishing of interim administration. According to constitution, thepresident term is over only after ending of presidential election and announcement final result. After that the current president is obliged to hand over power to president- elect. If an interim administration is set up, it means that constitution and the system based on it has been abrogated. No one is authorized to annual constitution in no circumstances.
Those who are making efforts to hold traditional Jirga, should know that no Jirga or meeting has the authority to abrogate constitution based system and establish interim government. The constitutional Jirga is only held for amendment of constitution.
In such a circumstances, the solution is this that Taliban share their amendment draft of constitution with representatives of government or political parties. If their draft was agreed, they should cooperate for holding of district’s councils, provincial councils and presidential elections to implement their draft. Amendment of the constitutions is possible through a mechanism which has already been anticipated in the constitution. If that mechanism is not acted, no one has the authority to amend it, or suspend it. Therefore all should be realistic and know that the ruling president can’t abrogate or amend the constitution with a decree or political decision. More logical ways for ending of war and talks with Taliban must be sought.
The politicians who had met Taliban in Moscow talked in such a way as if they have not read the constitution. The suggestion for interim government was presented by a politician who had gone from inside the country. This politician has also not read the constitution precisely. The constitution has allowed nobody to establish interim administration. Even in case of resignation of president, election should be held and the vice president take over the power temporarily. In no circumstances, an interim administration can be set up.
The Kabul Times

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